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Supreme Court Practice and Procedure: A Detailed Guide for Aspirants

• 23 Jun 2025

Supreme Court Practice and Procedure: A Detailed Guide for Aspirants

If you're a law student, judicial aspirant, or someone interested in how the Supreme Court of India functions, understanding its practice and procedure is essential. The Supreme Court is the highest court in the country, and the way it operates is both powerful and unique.

What is the Supreme Court?

The Supreme Court of India is the final court of appeal. It hears important cases from High Courts, constitutional matters, and big public issues that affect the whole country.

It also ensures that laws are followed properly across India.

Who Can Approach the Supreme Court?

Not just anyone can walk in and file a case here. You can approach the Supreme Court if:

• Your fundamental rights are violated.
• You are not satisfied with the decision of a High Court.
• There's a dispute between two states or the centre and a state.
• It’s a case of national importance.

Types of Cases in the Supreme Court

The Supreme Court handles several types of cases:

1. Constitutional Matters – Issues related to the Constitution.
2. Appeals – When a person challenges the judgment of a High Court.
3. Public Interest Litigations (PILs) – When someone files a case for public welfare.
4. Writ Petitions – To protect fundamental rights.
5. Review & Curative Petitions – Asking the Court to rethink its judgment.

Step-by-Step Procedure: How a Case Reaches the Supreme Court

1. Filing a Petition

• A lawyer or the person involved files a case (petition) with details.
• This is done through e-filing or physically at the court registry.

2. Scrutiny

• The Supreme Court Registry checks whether the paperwork is complete and follows the rules.
• If something is missing, it's sent back for correction.

3. Listing of the Case

• If accepted, the case is added to the court’s calendar and given a hearing date.

4. Hearing

• The judges hear the arguments from both sides.
• It could be a short preliminary hearing or a detailed final hearing.

5. Judgment

• After hearing all points, the judges pass a verdict.
• This judgment is binding on all other courts in India.

Who Hears the Case?

• A Single Judge never hears cases in the Supreme Court.
• Two or more judges sit together in a "bench."
• Larger benches (like 5 or 7 judges) handle constitutional issues.

Important Documents

Here’s what you typically need:

• Petition/Appeal – the main application.
• Annexures – supporting documents.
• Affidavit – sworn statement of facts.
• Vakalatnama – permission for the lawyer to represent you.
• Court Fees – paid as per the nature of the case.

Tips for Aspirants

If you’re preparing for judicial exams or want to become a Supreme Court lawyer:

1. Understand basic constitutional rights and landmark judgments.
2. Know how to file a writ petition or appeal.
3. Study Supreme Court Rules, 2013 (updated rules about court functioning).
4. Practice case law analysis – how judges interpret laws.
5. Improve your skills in legal drafting and research.